HUMAN RIGHTS COMMISSION | A FAIR GO FOR A L L ? The lack of Mäori and Pacific principles of conflict resolution The age-adjusted rate of imprisonment for Mäori perhaps stem from a failure by the justice system to value men is approximately seven times the rate for New these principles. In one of the case-studies that follows, Zealand European men and for Mäori women the rate is initiatives discussed seek to incorporate Mäori and Pacific approximately nine times that of European women. In principles of conflict resolution into the justice system, December 2010, Mäori made up 51 per cent of the prison such as Rangatahi Courts and Pasifika Youth Courts. The population,158 despite accounting for only 15 per cent importance of incorporating ethnically-diverse values in a of the national population.159 The Commission’s annual genuine and comprehensive way is also discussed further in review of race relations for 2010 reports that Mäori were the public service section of this paper. disproportionately represented in all areas of the criminal Some researchers have, however, criticised a “pick and choose” approach that incorporates some indigenous justice system, from victims of crime to those apprehended, in prison and serving community-based sentences.160 justice processes so long as they fit within the colonisation generated broad social inequalities called for a justice system-wide recognition of leading to deprivation, Mäori values. In a 1995 paper, the family group the deprivation causes conferencing process was praised as an example the crime, causes the of blending indigenous justice processes and the inequality, causes the 161 Western justice system.155 Others, however, view deprivation. Criminologist Simone Bull, however, dominant justice ordering. They have instead urges a more nuanced analysis of “Mäori it as an inadequate solution to systemic issues of picture of “Mäori offending.” Bull argues structural discrimination. Moana Jackson, lawyer, argues that: Justice for Mäori does not mean the attempted grafting of Mäori processes upon a system that retains the authority to determine the extent, applicability, and validity of the processes. No matter how well intentioned and sincere such efforts, it is respectfully suggested that they will merely maintain the co-option and redefinition of Mäori values and authorities which underpins so much of the colonial will to control.156 In order to address some of the core issues of structural discrimination in the justice system, changes in dominant culture systems and practices need to be made. While an important start, adding on cultural elements to a dominant system does not change the fundamental inequalities that over-representation in the criminal justice system”. Known risk factors – such as youth, gender, unemployment, lack of education, and substandard housing – are infrequently used to gain a more accurate that “we have never undertaken research to test whether Mäori are still over-represented in the criminal justice system once you control for known criminogenic variables.” Generalisations about Mäori criminality which do not assess socio-economic factors, play a role in stereotyping Mäori and perpetuating misinformation. Bull summarises the cyclical relationship: “colonisation generated broad social inequalities leading to deprivation, the deprivation causes the crime, causes the inequality, causes the deprivation.”161 Young Mäori males, as Bull notes, are particularly disproportionately represented in the criminal justice system. On the high proportion of Mäori youth in the justice system, Principal Youth Court Judge Andrew Becroft has recently said: the potential of locally-designed, developed and delivered This is utterly unacceptable. Is it systemic bias? Is it the result of long term cultural disadvantage? It’s probably both.162 programmes, such as programmes by Mäori for Mäori.157 Te Puni Kökiri recent report Addressing the Drivers of Mäori in the criminal justice system Crime for Mäori notes that “In the New Zealand context, give rise to disparities within the justice system. There also needs to be a shift in values to recognise the need for and One of the most dramatic indicators of ethnic inequalities in the criminal justice system is the high proportion of Mäori in prison. Researchers both within New Zealand and internationally have discussed structural discrimination as a causal factor in the world-wide over-representation of indigenous peoples within justice systems. preferential investment in evidence-based programmes has inhibited the development of good empirical evidence about what works best for Mäori.” The report goes on to say: 35